Domestic violence is a serious issue that affects many families across the United States. An accusation of domestic violence can lead to criminal charges with long-lasting consequences for the accused individual. Even though many accusers believe they can revoke their accusation and get charges dropped, it is usually not that simple.
Anyone facing this type of charge should never wait to discuss their situation with a domestic violence attorney, even if the alleged victim wants to drop the charges.
What is Domestic Violence?
Domestic violence is a pattern of abusive behavior in a relationship that one partner uses to gain or maintain control over the other. It can include physical violence, sexual violence, emotional abuse, economic abuse, and psychological abuse. Domestic violence can happen to anyone, regardless of age, race, gender, sexual orientation, or socioeconomic status.
Types of Domestic Violence Charges
Domestic violence charges can vary depending on the severity of the abuse and the laws of the state where the incident occurred.
Some common types of domestic violence charges include:
Assault and Battery
Assault and battery are two related but distinct crimes commonly charged together in domestic violence cases. Assault refers to the threat of violence or the attempt to cause physical harm, while battery refers to the actual physical contact that causes harm or injury.
In domestic violence cases, assault and battery charges can range from misdemeanors to felonies, depending on the severity of the abuse and the laws of the state where the incident occurred. For example, a simple assault charge may be a misdemeanor, while an assault with a deadly weapon may be a felony.
Stalking
Stalking is a crime involving a behavior pattern intended to harass, intimidate, or threaten another person. In domestic violence cases, stalking can take many forms, including:
- Following or spying on the victim
- Sending unwanted gifts or messages
- Showing up at the victim’s home or workplace uninvited
- Using technology to track the victim’s movements or communications
Harassment
Harassment involves a behavior pattern intended to annoy, alarm, or terrorize another person. In domestic violence cases, harassment can take many forms, including:
- Repeatedly calling or texting the victim
- Sending threatening or insulting messages
- Posting private or embarrassing information about the victim online
- Spreading rumors or lies about the victim
Harassment charges can be either misdemeanors or felonies, depending on the severity of the behavior and the laws of the state where the incident occurred. Suppose you are facing harassment charges in a domestic violence case. In that case, it’s important to seek the help of an experienced criminal defense lawyer who can understand your rights and build a strong defense against the charges.
Violation of a Restraining Order
A restraining order, also known as a protective order or an order of protection, is a court order that prohibits an abuser from having contact with the victim. Violating a restraining order is a crime that can result in serious consequences, including fines and jail time.
In domestic violence cases, the court may issue a restraining order to protect the victim from further abuse or harassment. If the abuser violates the order, they can be arrested and charged with a crime.
Suppose you’re facing an accusation of violating a restraining order in a domestic violence case. In that case, it’s important to seek the help of an experienced criminal defense attorney who can understand your rights and build a strong defense against the charges.
False Imprisonment
False imprisonment is a crime that involves the unlawful restraint or confinement of another person against their will. In domestic violence cases, false imprisonment can occur when an abuser prevents the victim from leaving a room, a house, or a vehicle.
Kidnapping
Kidnapping is a serious crime that involves the unlawful taking and holding of another person against their will. In domestic violence cases, kidnapping can occur when an abuser forcibly takes the victim to another location and holds them there against their will.
Can Domestic Violence Charges Be Dropped?
The severity of the abuse is one of the most crucial factors that can influence the outcome of domestic violence charges. The decision to drop charges is ultimately up to the prosecutor, not the victim. Even if the victim wants to drop the charges, the prosecutor may still choose to pursue the case if they believe there is enough evidence to convict the abuser.
Factors That May Influence Whether Charges Are Dropped
Several factors may influence the decision to drop domestic violence charges, including:
The Severity of the Abuse
The severity of the abuse is one of the most crucial factors that can influence the dismissal of domestic violence charges. In general, more severe cases of abuse are less likely to be dropped than less severe cases.
For example, if the abuse involved serious physical injuries, such as broken bones or head trauma, the prosecutor may be more likely to pursue the case aggressively. Similarly, if the abuse involved the use of a weapon or if there were multiple incidents of abuse over some time, the prosecutor may be more inclined to move forward with the charges.
On the other hand, if the abuse was relatively minor and did not result in significant injuries, the prosecutor may be more willing to consider dropping the charges, especially if the victim is not interested in pursuing the case.
The Evidence Available to Support the Charges
Another crucial factor that can influence the outcome of domestic violence charges is the evidence available to support the allegations. To prove a case of domestic violence beyond a reasonable doubt, the prosecutor must have sufficient evidence to show that the abuse occurred and that the defendant was responsible for it.
In a domestic violence case, some types of evidence that may come into play include:
- Physical evidence, such as injuries or damaged property
- Eyewitness testimony from neighbors, family members, or other witnesses
- 911 call recordings or other emergency response records
- Medical records documenting injuries or treatment received by the victim
- Photographs or videos of the abuse or its aftermath
The prosecutor may be more likely to pursue the case if the evidence is strong and supports the charges. However, the prosecutor may be more willing to consider dropping the charges if the evidence is weak or inconclusive.
The Criminal History of the Abuser
The criminal history of the abuser is another factor that can influence whether domestic violence charges proceed. Suppose the abuser has a history of domestic violence or other violent crimes. In that case, the prosecutor may be more likely to pursue the case aggressively, even if the current incident is relatively minor.
This is because a history of violence suggests that the abuser may be more likely to reoffend in the future, and the prosecutor may feel a responsibility to protect the victim and the community from further harm.
On the other hand, if the abuser has no prior criminal record and the current incident is an isolated one, the prosecutor may be more willing to consider alternative resolutions, such as counseling or anger management classes, instead of criminal charges.
The Willingness of the Victim to Testify
The willingness of the victim to testify is another important factor that can influence whether domestic violence charges proceed. In many cases, the victim’s testimony is crucial evidence that can make or break the case.
If the victim is willing to testify and cooperate with the prosecution, the prosecutor may be more likely to pursue the case. However, if the victim is reluctant to testify or recants their initial statement, the prosecutor may have a harder time proving the case beyond a reasonable doubt.
There are many reasons why a victim may be reluctant to testify, including fear of retaliation from the abuser, financial dependence on the abuser, or a desire to keep the family together. Sometimes, the prosecutor can work with the victim to address their concerns and encourage them to testify. However, if the victim is adamant about not testifying, the prosecutor may have to drop the charges.
The Likelihood of the Abuser Reoffending
Finally, the likelihood of the abuser reoffending is another factor that can influence whether domestic violence charges proceed. Suppose the prosecutor believes that the abuser is likely to commit further acts of violence in the future. In that case, they may be more inclined to pursue the case aggressively to protect the victim and the community.
Some factors that may suggest a higher risk of reoffending include:
- A history of violence or other criminal behavior
- A lack of remorse or accountability for the abuse
- A refusal to seek counseling or other forms of rehabilitation
- Ongoing substance abuse or mental health issues
If the prosecutor believes that the abuser is at high risk for reoffending, they may be more likely to pursue the case even if the victim is reluctant to testify or the evidence is not as strong as they would like.
On the other hand, if the abuser shows genuine remorse, takes responsibility for their actions, and is willing to seek help and make changes in their behavior, the prosecutor may be more willing to consider alternative resolutions that do not involve criminal charges.
In some cases, the prosecutor may offer a plea bargain to the abuser, which can result in reduced charges or a lighter sentence in exchange for a guilty plea. This can be a way to resolve the case without going to trial, but it may not be in the victim’s best interest.
What Happens if Charges Are Not Dropped?
The criminal justice system will proceed with the case if domestic violence charges remain. The abuser will be arrested and may be held in jail until they can post bail or until their trial. If the abuser is convicted, they may face penalties such as:
- Fines
- Probation
- Counseling or therapy
- Restraining orders
- Jail or prison time
A conviction for domestic violence can also have long-lasting consequences, such as difficulty finding employment, housing, or obtaining custody of children. It can tarnish your reputation and impact various aspects of your life for years. Therefore, to address these charges seriously and seek the assistance of a skilled legal professional who can navigate the legal process and work towards the best possible outcome is crucial.
How a Criminal Defense Attorney Can Help
Seek the assistance of an experienced criminal defense lawyer promptly if you face charges of domestic violence. A lawyer can aid you in understanding your rights, exploring your legal options, and building a strong defense against the charges.
A lawyer can also guide you through the complexities of the legal system and ensure that your rights are protected. They can investigate the evidence against you, interview witnesses, and negotiate with prosecutors to reduce or dismiss the charges.
Sometimes, a lawyer can get the charges dropped by presenting evidence supporting your innocence or negotiating a plea bargain in your best interest. However, it’s important to remember that the decision to drop charges is ultimately up to the prosecutor, and there are no guarantees.
Contact a Criminal Defense Lawyer Today
Domestic violence is a serious issue that can have long-lasting consequences for everyone involved. If you’re facing allegations of domestic violence, take them seriously and seek the assistance of an experienced criminal defense lawyer as soon as possible.
While it may be possible to get domestic violence charges dropped in some cases, it depends on several factors, including the severity of the abuse, the evidence available, and the willingness of the victim to testify. Even if the charges persist, a lawyer can aid you in constructing a robust defense and advocating for the most favorable outcome in your case.
If you or someone you know is experiencing domestic violence, remember that there is help available. You are not alone, and you have the right to live a life free from violence and fear.
Contact an experienced criminal defense lawyer today to discuss your case and explore your legal options. With the right legal guidance and support, you can fight against the charges and work towards a better future for yourself and your loved ones. Remember, taking proactive steps now can make a significant difference in the outcome of your case, so don’t hesitate to seek the support you need.
